VIC Licensing property as a tenant

Discussion in 'Australian Consumer Law Forum' started by Joseph, 21 January 2018.

  1. Joseph

    Joseph Member

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    The first question I have is wether all people living at the property have to be listed on or agree to the Lease Agreement? Or wether I can single handedly sign the agreement and solely bear responsibility for the property.

    Secondly, I am interested in the idea of renting out rooms to Licensees (NOT sub-tennants as this involves more regulation and hassle than I would like). I have seen elsewhere that renting out rooms to Licensees generally does not constitute as a sub-letting arrangement and therefore I would be able enter agreements with Licensees as I please without the consent of the Landlord.

    Could somebody please advise me as to any legal issues with the above, thank you.
     
  2. Tim W

    Tim W Lawyer
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    1. No, they don't.
    You can have "housemates", who are usually sub-tenants..

    2. No, you don't get to evade your landlord's/ head tenant's/ rooming house operator's responsibilities
    in the way you contemplate, just by calling them "licensees" rather than tenants.
    In the event of dispute, NCAT (and any court) will almost always look at the arrangement
    and say something like

    "Licensees? Nah. No matter what you call it, they're really tenants.",​

    and apply the law accordingly.
     
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  3. Joseph

    Joseph Member

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    I'd found this advice below on another law advice website which I thought might be appropriate. I plan on living in the premises and just renting a single non-lockable room to somebody.

    Generally exclusive possession is found not to exist where a party rents a room only. There is also a presumption that the agreement is a license if the licensor also lives at the premises. These presumptions may be overturned by evidence that the client is living in a rooming house or of a sublease arrangement where a head tenant agrees to provide a subtenant with exclusive possession of premises (ie lock on doors).

    Please advise wether this is completely incorrect, thank you.
     
  4. Tim W

    Tim W Lawyer
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    As a matter of property law theory, the above is pretty much correct.
    And certainly it's the starting presumption for your typical "housemates" arrangement.

    But in the event of dispute, a court or tribunal (such as VCAT or the Magistrate's Court)
    will tend to afford the aggrieved the rights of a tenant.
     
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  5. Dorys cardona

    Dorys cardona Member

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    Hi. new here.
    I am a single mother home howner. I live with my 7 yo son and my mother. To make ends meet i am renting a room in my house. There is already some guy interested but before i do it i need to know the law about it. What are this persons rights and what are mine. Also if things dont work out what is the right process to get the person out. And after reading a few treads i aldo wnat to know what do i have the right to do and what can i do to evict the person if he doesnt want to leave.
     
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